Jussie Smollett’s publicist says the actor doesn’t intend to be at a hearing on whether a special prosecutor will be appointed to investigate prosecutors’ dismissal of charges against him.

Smollett was charged with felony disorderly conduct over allegations he staged a racist and anti-gay attack on himself in January in downtown Chicago. Publicist Hilary Rosen’s comments came as Smollett’s attorney filed a motion to quash retired appellate judge Sheila O’Brien’s request to have Smollett appear Thursday in Chicago.

The Chicago Sun-Times reports that Smollett’s attorney argues that the actor has moved out of Chicago and returning would force him to take “additional security measures.”

Cook County State’s Attorney Kim Foxx is fighting the motion for a special prosecutor and trying to quash O’Brien’s subpoena for her to appear at the hearing.

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